SUPPLEMENT NO. 1, MAY 27, 1949.
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6. Where the Director has reason to suppose that by reason Breach of of a covenant or condition enforceable against him an owner has covenants unfulfilled responsibilities relating to the maintenance or upkeep maintain. of a building on a war damaged site and whether the Director has taken any steps further than to declare the site a war damaged site or not, he may serve upon such owner a notification in accordance with Form No. 4 in the Schedule, with such modifica- tions as appear to be necessary, requiring the owner to state within the same period of three weeks what period he requires to fulfil such responsibilities.
7. (1) In the event of re-entry for breach of an owner's Power to covenants in respect of non-payment of a charge certified under sell by section 5, or re-entry for breach of an owner's covenant relating auction. to maintenance or repair of a building on a war damaged site, or if a site re-entered upon for other reasons is subsequently declared by the Director to be a war damaged site, the Director shall cause a new lease of such land to be sold by public auction upon such terms as the Governor may approve.
(2) The price or premium realised from such auction shall be retained towards satisfaction of any charge and interest thereon and proper costs and charges in connection therewith and in connection with the auction and the balance remaining thereafter shall without prejudice to any lawful claim thereto be paid to the owner up to the extent of his interest and in the event of the owner not being traced or not making any claim shall be dealt with in accordance with the Unclaimed Balances Ordinance, 1929.
Ordinance
No. 5 of
(3) Notwithstanding the provisions of sub-section (1) no 1929. sale shall take place without the consent of the owner except after one month's notice of such intention has been published under the hand of the Colonial Secretary in the Gazette and not even then if a petition for relief has been presented to the Supreme Court or to the Governor in Council unless and until a decision permitting such sale has been arrived at upon such petition.
8. During the period for which this Ordinance remains in Amendment force, section 8 of the Crown Rights (Re-entry) Ordinance, 1870, of Ordinance shall be read as though the following words were added at the No. 4 of end thereof :-
"but in the case of a site which has been declared to be a war damaged site by the Director of Public Works under section 3 of the War Damaged Sites Ordinance, 1949, the Governor in Council shall in his discretion have power-
(i) in the case of an unsatisfied charge for the cost of site clearance to cause a sale by public auction of a new lease of the land to take place instead of giving relief and cause to be refunded to the owner the amount so realised less the amount of the charge and all proper charges and expenses; and
(ii) in the case of some other breach of covenant to receive representations by the owner with regard to his intention or capacity to carry out the terms under which he
1870.